I am having a litle trouble with settling an insurance claim so I've come to the forum for some advice. s told the man who hit my wife--"accidents happen" ! I set out to be fair and to settle the claim without legal assistance.

Everything was pretty black and white--They were ticketed for the accident and assummed full responsibility. They immediatly gave us a rental car and pledged to pay all medical expenses and lost wages and added some pain and suffering. So far so good ! Thats fair ! Than came one @#$%@#$$ aka as the appraisor. I have many names for him including theif, liar, roque, and professional #$$%%^^. I had purchased this 1989 Pontiac LeMans(90,000 miles) for 1200.00 and added a new head and gasket, new tires and labor just 6 months ago, My investment was around 2000.00. He claims he started the vehicle which is a lie for the transmission is rammed halfway thru the motor. The wrecker company said he only spent 3 or 4 minutes looking at it and he claims the car was in poor condition. He offered 1000.00. I tried to compromise at 1800.00 and he cancelled my rental car.

What are your experiences ? Will I win in the end by holding my ground ? Is the appraisor really paid by how much they can cheat you out off or is that a myth ? It all seemed like a cakewalk till this one ##$$%%^ appeared. Is there anyway to bypass him ?

Thanks in advance for your consideration ! In reality, I'm just glad my wife is alive and I could really care less about the money but I don't like to be cheated either.        

-- Joel Rosen (Joel681@webtv.net), December 12, 2000

Answers

Hey Joel! Assuming that appraisers are human-----! Well anyhow, stick to your guns! Most of the time they think they can "hornswaggle" you into accepting their pitiful offer. Don't let'm scare you into thinkin it's the best you can do. They've GOT to settle with you. Probably they will end up offering you what "book" price the auto carries. With the extra money you've spent on repairs-the vehicle should be worth more than what they offer, I'd think. I hate dealing with insurance companies or anykind of adjusters. Seems they are programmed to lie, cheat and steal. Good luck with'm and I'm so glad you're wife is ok. hoot. Matt. 24:44

-- hoot (hoot@pcinetwork.com), December 12, 2000.

I have recent experience with insurance companies too ! I ditched my truck with no damages or injuries.The tow truck driver did the damage pulling it out .The adjuster agreed damage was done on the way out .I ran over a 6 foot thin pole that holds reflectors ,the tow truck driver did not move it .When he pulled me out it kicked up under neath and did damage .The adjuster said there was no other way to get my vechile out without a crane !Duh 2 foot was in the ground until i ran it over all they had to do is pull it out .I still haven't gotten my money for my rental which I spent out of pocket .I also paid for repairs out of pocket but I have gotten that back .My opion is they all suck !I have been with the same company no claims,no tickets for 6 years and they treated me like sh--

-- Patty (fodfarms@slic.com), December 12, 2000.

Joel, my hubby sold insurance for several years----so he taught me several---things & at our age we have had several experiences with the insurance companies, also! First, can you ask you insurance agent for another claims adjuster??????? If this is not possible tell your agent of your problems-usually your agent will try to get a different adjuster to work with you!! My hubby/ when he sold insurance told people/ your insurance is only as good as your AGENT who works for you ----or doesn't work for you---some times your agent has no choice who the company sends as an adjustor/ but they do have a voice in what they think is fair & not fair-----I hope you have a good insurance agent!!!!!! Then if all else fails----call your state insurance commissioner----they will settle it by an investigation!!!! I hope this helps/ Sonda in Ks.

-- Sonda (sgbruce@birch.net), December 12, 2000.

Do you have the receipts for all of the work you did on the car for the past several months? If so, then that is proof that you have 'upgraded' the value of the car. A friend had the same problem and because she had the receipts, they had to give her the book value plus the improvements for her car. Is this your insurance company or the other person's? I would call your agent and tell them what is going on and I would call the hq of the company and complain about this appraiser.

-- beckie (sunshine_horses@yahoo.com), December 12, 2000.

P.S. we have & always will/ buy our insurance by who our agent is!!!!!!! As the insurance may cost more --but if you don't have an honest agent who respects his clients & will work for them when they need him--what good was the insurance!!!!??? Life isn't fair----but we try to start out with the best factors /we can of picking an HONEST, reliable, dependable agent!!! And they are out there you have to take the time to shop around!!!! We have, had many, many people say they wish my hubby was still representing them as their insurance agent-----not all insurance agents or adjustors are corrupt/ or-- not honest/ reliable or dependable or don't have morals as "homesteaders" could all be judged by how some write on this forum!!!!!!!!! Sonda in Ks.

-- Sonda (sgbruce@birch.net), December 12, 2000.

Joel,It's been my experience (20 plus years in the car business) that when you deal with adjusters, it's up to you to make sure you don't get "the short end of the stick". They are paid a salary, not a commission. So, in answer to the question raised above,no they don't get a "piece of the action" when they "screw" you. Their job is to settle your claim in the least expensive manner. Some adjusters let the "power" go to their head, and become total asses. I understand your anger, and that of others, but to label all adjusters as low life crooks is not fair. The suggestion of going to your agent is the best advise you'll get. The agent's job is to make you a happy client, so you won't go elsewhere. A good agent will do whatever he can to make sure that you are treated fairly. Ok, now that all of that is out of the way, try this. Most policies have a clause or phrase called "L.K.Q" which stands for "Like Kind and Quality" which simply means your are given what you had. This is the phrase that helps people with relatively new cars from having used parts put on at a repair shop. So, basically what you do is tell them, "ok, fine. If that's all the car is worth, find me one just like it for that price. In as good a shape, visually and mechanically, as mine was." Or go look around for a similar car, an get some prices. This can be a double edged sword, however. If your car isn't worth what you think it is, you have just proven the adjuster's point for him. Do your homework FIRST. There are many ways to handle this, in a professional and polite manner. Remember to keep a cool head and know your numbers ahead of time, and be ready to back them up. It's a shame that you have to deal with this on top of the accident itself. Good luck. John

-- John D in Pa (mrmopar@penn.com), December 12, 2000.

Joel I also tried to settle with an insurance company when a man driving his kids home slamned into the back of my daughters small toyota with his very large truck, she too was picking her brother up from the same school bus stop. It was truly just and accident, he took excellent care of everything until I got up there, and we are still friendly today (his son had asked him a question and he didn't see my daughter turning onto our dirt road) Thank goodness all the kids had their seatbelts on, and she had just picked up 3, 50 pound bags of corn and they were in the trunk softening the blow to my son in the back seat. His trucks front liscense plate was in the seat next to my son! He was ticketed for failure to control speed. Glass everywhere but the kids seemed to be fine. Big mistake! When the kids had been home for several hours my daughter started complaining that she was sick, threw up and we took her, her boyfriend and my son to the emergrency room for a check up. We paid cash for these three visits and my daughter and her boyfriend had soft tissue damage to their necks, and my daughter had cracked a rib. Never again will I take someone home from a wreck without first a hospital visit. My daughter needed to see the doctor several more times in the next month and also he wanted her to be seen by a physical therapist, which we have friends in town who she could have gone to. I called the guys insurance company, asked to be reimbursed for the hospital visits, the neck brace, and to see if they would call the doctor and therapist and pay for the visits, since it would have been hundreds of dollars up front on my part, and then being reimbursed by the insurance company with paid bills. They simply said "NO". We ended up having no choice but to file suit, they lost an incredible amount of money, and my two kids and my daughters now fiance' all have nice little nest eggs waiting for them when they turn 25. Very substancially more (pain and suffering) than if they would have just been nice and said from the git go, yes we will pay for everything up front.

I simply refused to settle for the 1000 dollars for her very nice toyota, sent them current prices in the Houston Chronicle of similar cars with the same milage, and they ended up paying that after I waited them out several months.

They are really hoping Joel that you really "need" the money, and will only throw you crumbs, stand you ground, or better yet (though personal injury attorneys can not help you with the car) get your wife to one, and compensate your pocket book with the medical end, for what they are giving you less for on the car. You do know that they make yearly bonuses on the value of your claim, in comparison to what your final check is cut for? Vicki

-- Vicki McGaugh TX (vickilonesomedoe@hotmail.com), December 12, 2000.

hank You all, very much ! Some of you are correct and I am angry. I'm not angry at the accident. It is a justice issue. In my lifetime I have seen too many good farmers lose lifetimes of hard work to auctioneers who said "it's just my job". Well callin it your job old friend don't make it right ! If what you do to put bread on your families table involves taking some from someone elses, than I suggest you stop what you are doing--find a new occupation ! It does seem that in some occupations there are several good people mixed with a majority of thieves. Doctors, Lawyers, Bankers, Politicians and Insurance Companies seem to hold 99% of the unconvicted criminals in this country.

I have decided to take much of the advice of this forum. I just won't settle with them. I am refusing their phone calls and it seems to be driving them crazy as they call every half hour now. I will get the car value out of the medical end. I will prevail, no one will steal from me.

I am a crusader for lost causes. This time it hit me--next time it might be you. It's no biggie, life will humble you and you always got to be prepared for that. However, I am reminded of the words of Sheriff Buford Pusser when he stood in a courtromm and ripped of his shirt to reveal the over 1200 stitches in his torso ---" You let them do this to me and get away with it and it gives them the eternal damn right to do it to anyone of you " !!! Thanks Again !

-- Joel Rosen (Joel681@webtv.net), December 13, 2000.

Joel, Here in VA. I would call the State Corporation Commission and they would investigate and the outcome would most likely be in your favor. I have a couple of books with addresses/names, etc. of state offices to call for various consumer problems. "The Consumer Action Handbook" & "Consumer's Resource Handbook" both available from U>S> Gov. go to www.pueblo.gsa.gov This is The Federal Consumer Information Center. They will send you a catalog, some of the books are free and some are a dollar or two, defenitley worth the price. I recently had a problem with my bank letting someone draw money electronically from my checking account. After two calls two the bank, I made my call to the State agency that handles disputes against banks. My next call to the bank resolved my problem when they found out that I had filed a complaint with the state. Don't let the insurance Co. rip you, make your stand, you must be persistent. good luck, Bruce

-- Bruce Burdge (burdgebruce@richmond.com), December 13, 2000.